The property owner is often liable for a slip and fall accident. If the property owner has homeowners insurance, general liability insurance for their business, renters insurance, or any other policy that covers slips and falls, the insurance provider may be responsible for your fall-related losses.

Determining liability is a case-by-case undertaking. It is impossible to accurately determine liability without knowing all relevant information about your fall. Retain a slip and fall accident lawyer to gather evidence related to your fall, determine who owes you compensation, and fight for the settlement you deserve.

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Proving Negligence When a Slip and Fall Happens

Your attorney will investigate your fall and identify the hazard from which the property owner (or another liable party) should have protected you. Even so, it is necessary for your attorney to argue a specific sequence to prove negligence, which is:

• Establishing that the liable party owed you a duty of care: Property owners owe their guests a duty of care, whether a business, residence, or other property type. Your lawyer will reiterate this duty of care as the first step in proving negligence.
• Proving the liable party breached their duty of care: Your attorney will cite all evidence that proves the property owner or another liable party did not act reasonably. Photographs of the slipping hazard, eyewitness testimony, and other evidence can help prove the liable party’s breach of duty of care.
• Establishing the breach of duty of care as the cause of your slip and fall: Your lawyer will allow the evidence to prove that the property owner’s breach of duty of care led directly to you slipping and falling.
• Explaining the damages you have suffered because of the breach of duty of care: Once your lawyer has proven the direct link between the liable party’s negligence and your fall, they will prove the damages you have suffered because of the fall.

Negligence is the standard for establishing liability in slip and fall cases and most other personal injury cases. If your lawyer can make this case convincingly, it may be the first step towards securing the compensation you deserve.

Fall-related Injuries That Entitle You to Compensation

Falls result in about three million emergency department visits per year among older adults alone, and one million stem from slip and falls. When accounting for younger fall victims, the cost of fall-related injuries becomes even greater.

Slipping and falling can cause your body weight to fall upon vulnerable body parts, causing:

• Broken bones, possibly in the arm, hand, hip, and other body parts
• Traumatic brain injuries (TBIs)
• Tendon injuries
• Muscular injuries
• Vertebrae injuries
• Internal bleeding

You should seek an extensive medical examination if you fall, even if you do not immediately experience symptoms. A doctor can conduct a physical evaluation, order imaging, and take all other necessary measures to diagnose your injuries and symptoms.

Specific Damages Common to Slip and Fall Accident Victims

Injuries often lead to a rash of damages. These damages may have a clear, easily identifiable financial cost (economic damages) or may have a less obvious financial value (non-economic damages).

Some of the most common damages among victims of slip and fall accidents include:

Medical Bills

Injuries associated with falls, like brain trauma, may not always produce obvious symptoms. It is critical that anyone who endures a fall seek extensive medical evaluation, as they may need:

• X-rays
• CT scans and other types of medical imaging
• A full physical evaluation
• Surgery
• Medications
• A hospital stay
• Other medical services and items

The cost of such treatment can be significant. Your slip and fall accident lawyer will demand that those liable for your fall cover all medical bills.

Rehabilitation Costs

If you need any rehabilitation for fall-related injuries, your lawyer will include related expenses in your case. It may include the rehab cost, transportation to and from rehabilitation appointments, and income you lose while undergoing rehab.

Disability-Related Damages

Fall victims who suffer disabling injuries may:

• Experience pain and suffering beyond the norm
• Need long-term rehabilitation
• Lose physical abilities
• Suffer changes in personality, memory issues, and other problems related to brain trauma
• Need a part- or full-time caregiver
• Lose the ability to earn an income

Insurance claims and lawsuits exist to ensure that victims of negligence secure fair compensation for their damages, no matter how costly they may be. This is important because disabling injuries can be extremely costly.

Pain and Suffering

Some types of pain and suffering you may suffer because of a fall include:

• Immediate physical pain
• Chronic physical pain
• Mood and personality changes, which may be the result of a brain injury
• Sleep disturbances
• Lost quality of life
• Depression
• Anxiety

Attorneys are familiar with mental health experts, as these experts often diagnose conditions that qualify as pain and suffering. This is one of the benefits a slip and fall accident lawyer offers you.

Mental Health Treatment Costs

Those who need treatment for pain and suffering should be free to get such treatment without concern for the cost. Your attorney will speak with you about your symptoms, consult a mental health professional, and seek compensation covering all related mental health services.

Professional Damages

Injuries often disrupt victims’ professional lives, leading to:

• Lost income
• Lost earning power
• Missed chances for performance-related compensation, like bonuses and overtime pay
• Lost opportunities to earn or make progress toward promotions

If injuries cause long-term or permanent symptoms, the victim may be unable to work again. Your lawyer will measure the value of all your professional damages and include those damages in their settlement demands.

How Do I Know Who Is Responsible for My Fall-Related Damages?

Leave it to a lawyer to determine who is responsible for your fall’s economic and non-economic costs. Your attorney will:

• Thoroughly investigate the cause of your fall
• Determine what someone could (and should) have done to prevent the fall
• Apply premises liability statutes and other relevant laws to determine liability
• Explain your options for seeking compensation from liable parties

Each case is unique, so your lawyer will consider all relevant facts as they establish liability for your fall-related damages.

The Two Primary Ways Your Lawyer Can Seek Compensation for Your Damages

An attorney’s goal is straightforward. Your lawyer will need to obtain compensation for each of your recoverable damages, and they may obtain that compensation through:

• One or more insurance claims
• A lawsuit

Several factors can influence the approach your lawyer uses to seek compensation. These factors include:

• Who is liable for your damages
• Whether liable parties have insurance covering your losses
• Coverage limits on applicable insurance policies
• The value of settlement offers you receive from insurance providers

Your attorney will update you throughout your case and help determine if filing a lawsuit is necessary. As the individual who has suffered the consequences of the fall, you will have the final word on whether to accept any settlement offer or continue to seek more compensation by filing suit.

What to Do If You’ve Been Harmed by a Slip and Fall Accident

Those who suffer injuries due to falls should be concerned with their health and the pursuit of compensation. You may divide responsibilities accordingly. You focus on your health while your attorney seeks fair compensation for your damages.

Steps that every fall victim should take are:

Seeking Medical Attention

You need not to wait to seek medical attention after your fall because:

• You need to receive treatment for fall-related injuries
• You need to ensure you don’t have injuries that have yet to produce symptoms
• Getting medical treatment right away will establish that the fall (and the liable party’s negligence) were the cause of your injuries

A doctor can also explain what your recovery process may look like. Such information is essential to calculating your medical needs accurately.

Retaining a Slip and Fall Attorney

An experienced slip and fall lawyer can provide stability during an uncertain situation. Your attorney will immediately assist by:

• Taking over communications with insurers, making sure that they are aware of the fall, your injuries, and the harm resulting from the injuries
• Ensuring the insurance company cannot violate your rights, whether by talking you into a lowball settlement, accusing you of causing your fall or engaging in other bad-faith tactics
• Creating a personalized strategy for your case
• Fighting urgently to secure the compensation you deserve

There may be many qualified lawyers serving your area. Decide what you want in an attorney, conduct your search, and retain the law firm most qualified to handle your case.

Reporting the Fall to Insurance Companies

Your lawyer can handle this step if you have not already done so. Your attorney will gather all necessary information about their insurance provider from liable parties. It is vital to notify the insurance company right away because:

• The insurer may have deadlines for reporting injuries.
• If you wait to notify the insurance company, it may open the door to allegations that your injuries are unrelated to the fall.
• The sooner the claims process begins, the sooner it may conclude.

As soon as you hire them, your attorney will become responsible for every aspect of your case, including providing notice and claim-related information to insurance companies.

How a Slip and Fall Attorney Will Fight for Your Settlement (or Jury Award)

Slip and fall lawyers handle their clients’ cases from start to finish, and some of their most common responsibilities are:

Documenting the Hazard(s) That Led to Your Fall

Circumstances allowing, your lawyer will:

• Visit the scene of your slip and fall accident
• Photograph the hazard(s) that caused you to slip and fall
• Collect any video footage of the incident
• Interview witnesses who saw slipping hazards or the fall itself
• Secure any other evidence that can positively affect your case

Your lawyer may hire an expert to testify about the cause of your fall, reconstruct the fall, or contribute to your case in other ways. After their investigation, your lawyer will know who is financially responsible for your fall-related damages.

Documenting Damages

There should be proof for each of your damages. From medical bills to expert testimony about your symptoms and pre-fall employment records, your attorney will secure all documentation that helps prove the cost of your slip and fall accident.

Negotiating a Settlement

Most civil cases end up settling, partly because trials can be costly and uncertain for all parties. Your attorney will negotiate tirelessly for you, and they may convince liable parties to cover your damages without going to trial.

Drafting and Filing Any Necessary Lawsuit

If you and your lawyer decide that the best available settlement offer is not enough, they can file a lawsuit for you. If necessary, your attorney can fight your case in court.

Why It Is Critical That You Hire Your Slip and Fall Lawyer as Soon as Possible

You may face filing deadlines for your claim and any lawsuit you pursue. If you miss these deadlines, you can miss your shot to pursue fair compensation for medical bills, pain and suffering, and other damages.

Don’t wait to contact a reputable personal injury law firm in Cape Girardeau, as quick action will ensure the prompt filing of your case.